I received a letter from PRA Group recently which states:-

Dear Mr XXXXXXXXXX

PRA Group (UK) Limited ("PRA GROUP")

Account Reference Number: XXXXXXXXXX

We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department.

This is a letter before claim as required by the Practice Direction on Pre-Action Protocols, to give you notice of PRA Group's intention to issue court proceedings against you.

You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free agencies detailed on the enclosed document.

We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with the Practice Direction.

You will recall that you entered a written agreement numbered XXXXXXXXXX on or around xx/xx/1998 with MBNA Europe Bank ("the Creditor"). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and are now in breach of the agreement.

By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing.

However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £xxxx

By an assignment in writing dated xx/xx/2014, the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignment.

PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing.

If after considering this letter you take the view that you do not owe £xxxx then we look forward to receiving your reasons why you take that view plus supporting documentation.

We do not presently envisage that expert evidence will be needed in this claim.

This letter should be treated as an invitation to refer this dispute to medeation or some other form of alternative dispute resolution (ADR).

In addition this letter triggers certain time limits that effect you:-

1. You are expected to acknowledge and answer this latter before claim by xx/12/2016.

2. You are expected to respond to the invitation to refer this matter to ADR by xx/12/2016.

We look forward to receiving your letter in reply, responding to the claims made against you and / or setting out your proposals for settlement / payment. We are prepared to discuss repayment options if this assists you.

If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs.

If you have any difficulty in complying with the above limits please explain the problem to us as soon as possible and we will consider a reasonable request for extension.

Yours sincerely

Litigation manager

PRA Group (UK) Limited

Tonight I have done a CCA request to them which will be sent tomorrow.

Is there anything else I need to do or just wait for there reply?

Thanks in advance

Yes CCA req is about all you can do. Don't forget to sent it recorded or at least get proof of postage.

If you are not sure about last date of payment or any other details of this MBNA debt, then you should consider a subject access request to MBNA. Such requests often take about a couple of months to action, so you might decide to get hold of all info, just in case you ever needed to defend in court.

For a CCA taken out in 1998, i doubt they will get hold of a copy of the original document and without it, they can't really proceed.

What a load of twaddle...you must not answer or acknowledge anything by any date...Pre Action Protocol does not apply to a defendant in civil claims (which there is no claim as yet).....its for the claimant.

Andy

When was the last payment made on the account, what was the account.

MBNA credit card taken out 1998

not a chance they'll ever get an enforceable CCA for that one!!

dx

Looks like a bog standard form letter tbh. designed to scare. Its full of misinformation too.

Thanks for the replies folks.

Uncleb:- I'll get a SAR sorted over the weekend, just in case.

Andy:- That's made me feel better. Thought I was cutting it a bit fine!

Maroonedevo52:- Just had a look on Noddle and last payment was March 2012 which was round about the time that work and financial difficulties started. Default date is listed as Oct 2012 then the debt

"assigned" Dec 2012.

I have had letters from Aktiv and then this lot in the past, some even offering a big discount but have been "turning a blind eye" up until this letter.

big discount? Then its ovious the debt is UE. Dont send anything at all now until the CCA happens. They wont find it. For a card that old, they prob wont even bother loooking for it

I had a letter from them offering a "Full and Final" settlement with a figure of about £2.5k under what they say is outstanding.

I'll wait and see what happens after the CCA is sent off and will keep you all informed.

Thanks to everyone for taking the time to read and reply to this.

aha discount letters

we know you don't owe the money really

but if we spoof you into paying 'something'

then we'll sell the debt on again and our mates will get you for the rest.

get an sar running to MBNA

get all the statements

and get reclaiming

penalty fees...letter/late/over/ and any PPI

they'll be 200%+ or more to reclaim direct from the OC .

dx

Agreed with dx. Sar the OC and get reclaiming. They may very well be able to get the CCA so dont count on it being your go to defence.

H folks

Hope everyone had a good Christmas.

onto the matter in hand.

On 16/12/2016 (Friday) I sent off a CCA Request to PRA Group as I said in post #1.

On 22/12/2016 (Thursday) I received a letter and a CCA Consumer Factsheet from them enclosing my £1.00 postal order. The letter being the attached PDF entitled PRA Group 1.

I have a couple of questions about this if someone could answer them for me,

1:- Paragraph 1 states that account on hold and no further collections activity.

2:- Paragraph 2 on the letter says about my letter asking about the Deed of Assignment and Deed of Novation. I used the CCA

template from this site and I can't seem to find anywhere that it asks these questions, or am I just being stupid?

3:- On page 2 of the attached PDF (their Consumer Factsheet) it states that if this is unenforceable then they won't be able to

secure a County Court Judgement against me.

Well, this brings me onto my next bit which is on 24/12/2016 (Christmas Eve) I received a claim form from them (this is the other PDF entitled PRA Group 2) dated the 22/12/2016. Blimey, they're not hanging about!

Where do I go next?

Do I contact them and say about their action totally contradicting their letter sent a couple of days earlier or what. At a bit of a loss as to the best course of action so I'm hoping some of you knowledgeable folks will be able to point me in the right direction.

Thanks to all in advance.

PRA Group 1.pdf

PRA Croup 2.pdf

Moved to legals & retitled

Please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Name of the Claimant ? PRA Group (UK) Ltd

Date of issue – 22 Dec 2016

What is the claim for –

1.The Claimant claims the sum of £7544 for debt and interest.

2.On 14/7/98 the defendant entered into an agreement with MBNA for a Credit Card under reference xxxxxxxxxxx.

3.On 31/10/12 the defendant defaulted on the agreement with an outstanding balance of 5715.

4.On 21/12/12 the debt of 5715 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notces of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

5.AND THE CLAIMENT CLAIMS

1. The sum of 5715 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 21/12/12 to 21/12/16 1828 and thereafter at a daily rate of 1.25 until judgment or sooner payment.

What is the value of the claim? £8054

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Before 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Lack of work and income

What was the date of your last payment? 28/02/2012

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

great thanks

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

dx

Thanks dx

Is there anything else i should be doing at the moment as in contacting them as per my last paragraph in post #12 or a CPR to PRA?

yes sorry you could send a CPR 31:14 yes

but with regard that letter

keep it in case its useful.in defence later

Hi folks,

I need to be getting my defence ready to submit later this week.

I've been reading loads of posts to see how to go about writing a defence and have "borrowed" from numerous postings on here. Is it possible for you knowledgeable people to have a look and see if I'm going in the right direction?

Thanks to all in advance.

Particulars Of Claim

1.The Claimant claims the sum of £7544 for debt and interest.

2.On 14/7/98 the defendant entered into an agreement with MBNA for a Credit Card under reference xxxxxxxxxxx.

3.On 31/10/12 the defendant defaulted on the agreement with an outstanding balance of 5715.

4.On 21/12/12 the debt of 5715 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

5.AND THE CLAIMANT CLAIMS

1. The sum of 5715 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 21/12/12 to 21/12/16 1828 and thereafter at a daily rate of 1.25 until judgment or sooner payment.

Proposed defence (no paperwork from them as yet)

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraphs 1 & 2 are noted and is accepted that the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

3. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the Consumer Credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated on the claim by the Claimant or by MBNA.

It is my understanding and pursuant to the CCA 2006 amendments that the Claimant is prevented from any enforcement during this lack of service.

4. A request for information pursuant to the Consumer Credit Act (section 78) was made on the 13th December and a CPR 31.14 request was made by signed for delivery on 8th January 2017 . To date the Defendant has only received a letter dated 20th December 2016 from the Claimant acknowledging the request for the credit card agreement. However the Defendant has received no response or acknowledgment from the Claimant’s legal representative regard the CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement; and

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. As per Civil Procedureicon Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

7. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Looks good to me

Well done

I would remove the line in blue Suss... or drop it below your point 4 as it does not relate or respond to anything at the moment.

Andy

Hi Dx and Andy. Thanks for your replies last night, glad to hear I'm going in the right direction.

BUT...... upon my return home this evening I have a response from the collections team to my CCA request.

Enclosed was a photocopy of an M & P Mastercard application form from the Bank of Scotland that has no reference at all to MBNA on it.

I've also received some re-printed letters from them - not photocopies of the originals. I say that as they all now have my middle initial included in them, whereas the little MBNA correspondence I have doesn't include my middle initial.

I have a letter dated 3rd September 2012 which is very similar to a letter which I have on file dated 13th August 2012.

I also have received a "copy" of the MBNA Default notice of the 3rd September. I presume it's a "copy" as I don't recall ever having received this so I have nothing to compare it with.

Finally, I have received a letter dated 15th November 2012 which is the termination of my credit agreement. I do have a similar letter on file but this is not a copy as there is a difference in some of the wording.

These letters all look suspiciously re-generated.

With my defence deadline fast approaching, should I carry on as we discussed last night or is there something else I should be doing?

All suggestions are truly welcome.

rarely do 'application forms' have the correct prescribed conditions to be an 'agreement'

MBNA took over HBOS cards in the late 2000's

Hi

Following on from post #21 what should I have from them with regard to my CCA request?

Reading through the forums it looks (to my untrained eye) like I haven't got half of what I should have.

Do I need to post up what I've got from them for you good people to see?

DX, does your post #22 mean that they haven't sent the correct stuff to me?

Also unsure what to do about my defence now. Do I send it (with the blue paragraph removed) or does it have to be rewritten now I have something from them?

Help, feeling way out of my depth now and really do not know what to do next?

Go ahead and post them up. Ensure any personal or identifiable details are edited out first.

upload

ONE multipage PDF please!!